The president is celebrating after the Supreme Court gave the green light on using an 18th-century law last used during World War Two to fuel mass deportations.
Since Donald Trump was sworn into office on January 20, the POTUS has been brainstorming initiatives to reduce immigration in the US.
Within weeks, he signed a slew of executive orders to ‘reclaim control’ of the the borders and, to this end, re-established a piece of wartime legislation to deport migrants who have been accused of crimes while bypassing legal proceedings like court challenges.
The Alien Enemies Act of 1798, a relatively unknown 18th century law, was created in response to spying and sabotage during tensions with France at the time, and was passed shortly after the US was liberated from the British Empire.
Under the act, it can be triggered during a “declared war” or in response to any “invasion or predatory incursion” by a foreign government against the U.S.
Once invoked, it remains active until the President decides to end it—no time limit applies.
Historically, the law has been used only a few times, most notably during World War II to justify the internment of Japanese, German, and Italian nationals from Axis powers.
Now, the Trump administration is using it to authorize the detention and deportation of individuals from nations deemed “enemies,” with at least 137 people already deported under the act.
Just last month, 261 individuals accused of being involved with the Venezuelan gang Tren de Aragua or MS-13 were deported to El Salvador’s notorious CECOT mega-prison, using the same legal justification.
A lower court attempted to block these deportations on March 15, after the ACLU raised concerns about the law’s vague language and lack of modern oversight, according to the BBC.
However, on Monday (April 7), the Supreme Court ruled in favor of the administration—granting the president power to continue fast-tracking deportations under the centuries-old law, at least for now.
The Supreme Court gave the deportation plan the green light—but with one key condition: deportees must be given a fair chance to challenge their removal.
“The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs,” the justices wrote in an unsigned opinion.
They added, “The only question is which court will resolve that challenge.”
Despite the procedural caveat, Trump hailed the ruling as a major win. Posting on Truth Social, he wrote:
“The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself.
A GREAT DAY FOR JUSTICE IN AMERICA!”
Interestingly, the ACLU also called the decision a “victory.”
Lead ACLU attorney Lee Gelernt said in a statement:
“We are disappointed that we will need to start the court process over again in a different venue, but the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act.”
